Republic of the Philippines

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Quezon City, Branch 32

Alabaster Graves,
Plaintiff-Appellant,
Criminal Case No. 01-975413
- versus -

Richter Belmont,
Defendant-Appellee,
x-----------------x

MOTION FOR BILL OF PARTICULARS

Defendant, through the undersigned counsel and unto this Honorable

Court, respectfully avers:

1. That the plaintiff's complaint in paragraph 5 alleges:

"From August 3 to December 2013, defendant

never paid anything to herein plaintiff. The check
that he issued as partial payment for the first
month also bounced. x x x"; (underscoring
supplied)

2. The said allegation is not averred with sufficient definiteness and

particularity, specifically it does not mention the amount of the check

therein mentioned, its check number, date, and the drawee bank;

3. That a more definite statement on the matters as above-indicated is

necessary in order to enable the defendant to prepare its responsive

pleading because from the very onset of this controversy, the main
 dispute was on what was actually and exactly agreed upon by the parties

as the amount of monthly rentals on the lease of plaintiff's property;

4. However, due to the fact that defendant corporation had to transfer its

liaison offices depending on its project sites, the check stub where the

above-mentioned check came from was probably misplaced and could no

longer be found;

5. That a bill of particulars or a more definite statement as to particulars of

the said check which was allegedly issued by the defendants as partial

payment for the first month would definitely simplify the issues in this

case, and hopefully simplify the negotiations between the parties for an

amicable settlement.

PRAYER

WHEREFORE, defendant most respectfully prays that an order be issued

by this Honorable Court requiring the plaintiff to make more definite statement

as to the particulars of the check mentioned in paragraph 5 of his complaint,

particularly stating its amount, check number, date, and the name of the

drawee bank.

Quezon City, Philippines, January 23, 2014

ATTY. ROMMELITO FRANCISCO

MACARAYO
counsel for the defendant
13-69 Barracks Building, Marikina
IBP NO. 87123-7/19/12-AC
PTR NO. 669913/21/12-AC
Roll No. 99998
MCLE Exempt
(Admitted to the bar: April 6, 2012)
 NOTICE OF HEARING

Atty. Ezekiel Razon

Counsel for the Plaintiff
12-26 Marina Arcade, Mabalacat City

Greetings! Please take notice that the foregoing Motion for Bill of
Particulars shall be submitted for the consideration and approval of the
Honorable Court on Friday, January 24, at 10:00 AM or as soon as counsel
and matter may be heard.

Atty. Rommelito Francisco Macarayo

EXPLANATION

The foregoing Motion for a Bill of Particulars is being filed with this
Honorable Court and served on the opposing counsel by registered mail in view
of the impracticability of personal filing and service due to distance considering
that the office of this Honorable Court is at Quezon City and that of the
opposing counsel is at Mabalacat City, while undersigned counsel holds office
in Marikina.

Atty. Rommelito Francisco Macarayo

COPY FURNISHED:

Atty. Ezekiel Razon

Counsel for the Plaintiff
12-26 Marina Arcade, Mabalacat City